Rajesh Das v. State Of West Bengal & ORS

MONDAY COURT : MB-07 ITEM : A-04 STAUTS : DISMISSED ID : 266057 AR : NANDY

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 11849 OF 2015 RAJESH DAS VS.

THE STATE OF WEST BENGAL & ORS.

MR. MD. SHAH MINHAJ UDDIN, ADVOCATE MR. MD. MOHIUDDIN, ADVOCATE ......for the Petitioner

1. Affidavit of service filed in Court today, is taken on record.

2. The present writ-petition was filed seeking a direction upon the concerned respondents not to disturb the peaceful possession of the petitioner in a shop-room. Additionally, the petitioner prays for quashing of a criminal proceeding initiated against him.

3. Mr. Mihaj Uddin, learned Advocate for the petitioner submits that the trial of the criminal case has been concluded and the petitioner has been acquitted.

4. The dispute leading to filing of this writ-petition has a civil flavor and disputed question of facts is also involved in this writ-petition which can only be determined after evaluation of the evidence.

5. In view thereof, I am of the considered view that the writpetition cannot be entertained.

6. Accordingly, WPA 11849 of 2015 is dismissed without any order as to costs.

7. However, this order shall not preclude the petitioner from approaching appropriate forum.

(PARTHA SARATHI CHATTERJEE, J.)

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